83R14087 AJZ-D By: King of Taylor H.B. No. 1394 Substitute the following for H.B. No. 1394: By: Naishtat C.S.H.B. No. 1394 A BILL TO BE ENTITLED AN ACT relating to the sunset review of certain powers and duties performed by the Department of State Health Services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.003, Health and Safety Code, is amended to read as follows: Sec. 11.003. SUNSET PROVISION. (a) The Texas Board of Health and the Texas Department of Health were abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of those entities under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code (Texas Sunset Act). Unless the agencies to which those powers and duties are transferred are continued in existence as provided by that chapter, this chapter expires September 1, 2015. (b) In the review of the Department of State Health Services by the Sunset Advisory Commission, as required by this section and Section 1001.003, the sunset commission shall review the powers and duties exercised by the department under Chapter 108 and determine whether the department, under that chapter, is: (1) achieving the legislature's intent of empowering consumers with information to make informed health care decisions; (2) maintaining appropriate privacy and security standards for patient information; and (3) limiting the patient information the department collects to the information necessary for performing the department's duties under Chapter 108. (c) The Sunset Advisory Commission shall report its findings to the legislature in the report required by Section 325.010, Government Code. This subsection and Subsection (b) expire September 1, 2015. SECTION 2. Chapter 108, Health and Safety Code, is amended by adding Section 108.016 to read as follows: Sec. 108.016. SUNSET REVIEW. Unless continued in existence in accordance with Chapter 325, Government Code (Texas Sunset Act), after the review required by Section 11.003(b), this chapter expires September 1, 2015. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.